and sale of oleomargarine under that name cannot be prohibited.
Artificial coloring matter may be forbidden, but a New Hampshire law
was not sustained which required all oleomargarine to be colored pink;
so it may be guessed that the laws of those States which make criminal
the sale or use of cigarettes to or by children "_apparently_" less
than sixteen or eighteen, will hardly be sustained as a constitutional
police measure; yet such laws existed in 1890, while the State of
Washington in 1893 made the sale even of cigarette paper criminal.

Another important line of modern legislation consists in the
subjecting of trades to a license for the purpose of _examination_
(the tax feature has been discussed above). Such laws are
constitutional when applied to a trade really relating to the public
health, but as we have found above, black-smithing is not such an
one; when imposed merely for the purpose of raising revenue,
such legislation is undoubtedly constitutional under our written
constitutions, but opposed to historic English principles, which
insisted for seven centuries of statute-making on the utmost liberty
of trade. In a South American republic you have to get a concession
before going into almost any business, even maintaining a shoe-shop,
or a milk farm, which concession is, of course, often obtained by
bribery or withheld for corrupt reasons. It is to be hoped that the
citizens of our States will never find themselves in that predicament.
Still, certain State constitutions, as that of South Carolina, provide
absolutely that all trades may be made subject to a tax, and the
tendency--particularly in the South--to raise revenue in this way is
increasing by leaps and bounds. Among the trades already subjected to
such licensing or taxing, we find doctors, of course, and properly,
pharmacists, plumbers, pedlars, horse-shoers, osteopaths, dentists,
veterinary surgeons, accountants, bakers, junk dealers, coal dealers,
optometrists, architects, barbers, commission merchants, embalmers,
and nurses. Of course it is a motive to novel or irregular trades to
secure a licensing law from the State, for the slight tax insures them
protection. This is the reason that we find common statutes allowing
osteopaths, etc., to be licensed. So far as I have observed, there is
no such statute as yet in any State applying to Christian Scientists.

Police regulation for the _safety_ of the public is found nearly
entirely in the laws regu